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A Study On The System Of Criminal Aid Support In China

Posted on:2017-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WanFull Text:PDF
GTID:2206330488997760Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of the society, crime is increasingly showing the trend of specialization, especially in criminal lawsuits.For the appearance of complex cases, relying on traditional methods often cannot collect the evidence in these cases, latest achievements of scientific methods must be used to find,extract and collect evidence. All of the investigations, prosecution and trial need science and technology to help. And this put forward higher requirements to the application of science and technology in the criminal justice. Expert opinion is the typical representative of science and technology play a role in litigation. Expert opinion means professionals provide professional advices through scientific methods and procedures.Due to the scientific and professional of the expert opinion, no matter the judges, lawyers or the ordinary people cannot understand,this leads to the expert opinion may not be able to be effectively cross-examination. At this point, expert auxiliary people appearance as the important helper in judicial proof. As early as in 2002, our country has established the basic framework of expert auxiliary system in the civil litigation and administrative litigation through the way of judicial interpretation, and in 2012,the criminal procedure law has also include the expert auxiliary system, increased the system to the legal level, making the whole system of litigation in our country established the expert auxiliary system.The criminal expert auxiliary system has been established for three years, after these years of judicial practice, the deficiency of the system in legislation and practice has arised. For the need to improve the system, it is necessary for us to get further study. The thesis will treat the expert auxiliary of criminal litigation system as the research object, analyze the concept of exept auxiliary and find the differences of the similarities, analyze the important significance of establishing expert auxiliary system in our country’s criminal procedure.Through the analysis of the overseas relevant system comparison, combining analyze the current situation of the legislation and practice of the criminal procedure of our country, putting forward the perfect suggestiongs of our country’s criminal expert auxiliary system.Therefore we can improve the identification and exerpt auxiliary system in our country,help the the judges to find the truth, realize the substantive justice and the procedure justice, punish the criminals and protect human rights.
Keywords/Search Tags:Expert auxilliary people, The legislative situation, The judicial situation, Defects and perfection
PDF Full Text Request
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